ATTACHMENT D - SOLICITATION PROVISIONS - NX EQ COMBI OVEN .docx

36C10X26R0019 NX EQ COMBI OVEN

SECTION D – SOLICITATION PROVISIONS

D.1 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—REPRESENTATION (DEVIATION NOV 2025)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.

(c) Representation. The Offeror represents that—

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

(End of Provision)

D.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (NOV 2025)

a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:

(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(2) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) The Offeror has □ has not □, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

D.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION NOV 2025)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision) D.4 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION NOV 2025)

(a) The Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End-of-Provision) D.5 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

A. QUOTE SUBMISSION

1. INTRODUCTION: The Vendor’s quote shall be submitted via email to Contract Specialist at Michael.Andrews6@va.gov and Contracting Officer at Sara.Vickroy@va.gov All quotes shall be submitted no later than May 5, 2026 by 9:00 AM ET.

The Vendor’s quote shall consist of the five (5) volumes listed below. Each volume shall be submitted on a separate PDF or Excel document. One copy of each volume will be required.

a. Volume I: Technical Factors

b. Volume II: Past Performance

c. Volume III: Veterans Preference

d. Volume IV: Price

e. Volume V: Offer, Amendments, and Certifications & Representations

The use of hyperlinks and embedded links in quotes is prohibited.

Quotes will be evaluated solely on the information contained in quotes without reference to extraneous information.

WARNING: Please do not wait until the last minute to submit your quotes. Late quotes may not be accepted for evaluation. To avoid the submission of late quotes, the Government recommends the transmission of your quote file 24 hours prior to the required quote due date and time. Please be advised that timeliness is determined by the date and time an Offeror’s quote is received by the Government not when an Offeror attempted transmission.

2. QUOTE FILES

a. Format: The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer. The quote page limitations are not applicable to this procurement. All files shall be submitted as either a Microsoft Excel File (.xls) or an Acrobat Portable Document Format (pdf) or as compatible as indicated in the table. Page size shall be no greater than 8 1/2" x 11" with printing on one side only. The top, bottom, left, and right margins shall be a minimum of one (1”) inch each. Font size shall be no smaller than 12-point. Arial or Times New Roman fonts are required. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size no smaller than eight (8)-point and may be landscape. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, headers and footers are not bound by the 12-point font requirement. Footnotes to text shall not be added. All proprietary information shall be clearly and properly marked.

b. File Packaging: Do not compress (zip) quote files. VA Network Security Operations Center (NSOC) has temporarily blocked email attachments with the “.zip” extension as a mitigation measure against the ongoing world-wide ransomware event impacting many organizations. During this time, zip file extensions will be permanently stripped from email traffic and will not be recoverable. Due to VA email file size restrictions, vendors are encouraged to logically separate their quote into separate emails. If this is necessary, offerors should attempt to contain complete volume within single email transmissions (and not split volumes). Vendors are encouraged to review and ensure that sufficient bandwidth is available on the end of the transmission.

c. Content Requirements: All information shall be confined to the appropriate file. The Vendor shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Vendors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote. The title requirements for each file are shown in the Table below.

Quotes submitted in response to this solicitation shall contain the following in separate volumes:

VOLUME I – TECHNICAL FACTOR

Vendors shall provide descriptive literature which will be used to thoroughly evaluate each quote to determine the extent to which it meets the Salient Characteristics (SCs) listed in the Combined Synopsis/Solicitation Notice. All the minimum SCs listed in the solicitation must be met to be considered eligible for award. Those quotes which fail to meet all of the salient characteristics will be rated “Unacceptable” and will be ineligible for award. Additionally, offerors should provide descriptive literature which addresses the technical evaluation subfactors below.

Vendors are required to complete the highlighted area on the SCs Chart located on the Combined Synopsis/Solicitation document listing the location where compliance to the SCs can be found. The chart must be included with the vendor’s submission. Offers which do not include this complete chart will not be considered for award.

Vendor may propose any product solution or configuration so long as the solution proposed meets the SCs. Equivalent products being proposed in the Technical Volume must also be clearly identified in the Pricing Volume. Products proposed in the technical volume must be captured on – appear and correspond with the Offeror’s Pricing Volume (Attachment A - Price Cost Schedule of the solicitation).

Vendors may propose any additional ancillary products which they deem to be essential to the functionality of the proposed solution; these ancillary items must be quantified in the vendor’s pricing volume with an estimated quantity of zero (0).

Only Original Equipment Manufacturers (OEM) or equal parts are acceptable. Only new equipment is acceptable; no remanufactured, used/refurbished or "gray market" items. No product in development shall be considered. All items must be covered by the manufacturer's warranty.

Distributors must be authorized as distributors/resellers as certified by the OEM (i.e., in OEM letter with a current date (within 30 days of quote submission) and duly signed by OEM’s authorized representative) to be eligible for award. OEM letter must be submitted with quote. Any quote received without an OEM letter meeting the requirements will be ineligible for award. The OEM letter must be valid for the life of the contract.

Further, for each equal product, the offeror must include a description reflecting the SCs and level of quality that will satisfy the salient physical, functional, or performance characteristics of the equal product(s) specified in the solicitation. The offeror must also clearly identify the item by brand name (if any) and make/model number. Finally, the offeror must include descriptive literature, such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer and clearly describe any modifications it plans to make to a product to make it conform to the solicitation requirements.

No pricing should be included in Volume I.

VOLUME II – PAST PERFORMANCE:

The offeror shall complete Attachment F: Past Performance References in its entirety, listing a total of three contracts/orders for work performed in the past three years or currently being performed, for nationwide delivery of COMBI OVENS. The Government will make the determination of relevance (based on size, scope, and/or complexity of requirement).

Contracts/orders listed may include those entered into with the Federal Government, agencies of state and local governments and commercial concerns. Offerors may also submit past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition. For the purposes of this solicitation, a major subcontract is defined as 20% of the total contract effort. Data concerning the prime contractor shall be provided first, followed by each proposed major subcontractor, in alphabetical order.

Offerors shall indicate on Attachment F if there are Contractor Performance Assessment Reporting System (CPARS) / Past Performance Information Retrieval System (PPIRS) report(s) available for each reference. In the event an assessment was not completed in CPARS / PPIRS for the contract/order, offerors may request the reference point of contact (POC) to complete and submit a Past Performance Questionnaire (PPQ) (See Attachment G of this solicitation). The offeror shall instruct the POC at the referenced entity to return a copy of the completed PPQ directly to the Contracting Officer and the Contract Specialist at Sara.Vickroy@va.gov and Michael.Andrews6@va.gov NO LATER THAN THE CLOSING DATE OF THE SOLICITATION (inclusive of any closing date extensions granted via amendment). PPQs will only be evaluated for those contracts/orders that do not have a CPARS report available.

The Government is not required to contact references provided by the offeror. Also, references other than those identified by the offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror's past performance. The Government may consider past performance information obtained through other sources which is reasonably available and determined to be relevant. Past performance information obtained will be used for both the responsibility determination and best value decision.

Offerors shall indicate on Attachment F if they have no record of relevant or recent past performance.

VOLUME III – VETERANS PREFERENCE:

For Service-Disabled Veteran-Owned Small Businesses (SDVOSB) and Veteran-Owned Small Businesses (VOSB): To receive credit as an SDVOSB or VOSB under this Factor, an offeror shall submit a statement of compliance that it qualifies as an SDVOSB or VOSB in accordance with VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. SDVOSB and VOSB offerors are cautioned that they must be certified by the Small Business Administration (SBA) database (https://search.certifications.sba.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both quote submission and time of award.

For Non-SDVOSB/VOSB: To receive some consideration under this factor, an Offeror (prime Contractor) must state in this volume, the names of SDVOSB(s) and/or VOSB(s) with whom it intends to subcontract and provide a brief description and the approximate dollar values of the proposed subcontracts. Additionally, to receive some consideration under this factor, the proposed SDVOSB/VOSB subcontractors must be registered, and CVE verified in Small Business Administration (SBA) Certification (VetCert) database at https://search.certifications.sba.gov/.

VOLUME IV – PRICE FACTOR:

The Vendor shall complete Attachment A - Price Cost Schedule for the base year and all option years and submit it in Volume III of their quote.

In order to maximize the VA’s buying power and leverage the best value for the taxpayer, the VA is seeking volume discounts. It is expected that as the output and scale of an operation increases, that the unit cost per item should decrease as fixed costs are spread over more units of output. The VA expects that a portion of these reduced costs will be passed-on and reflected in lower unit pricing.

Price Rounding Issue - The Government requires Vendors to propose unit prices and total prices that are two (2) decimal places and requires the unit prices and total prices to be displayed as two (2) decimal places. Ensure that the two (2) digit unit price multiplied by the item quantity equals the two (2) digit total item price (there should be no rounding). {If an Excel spreadsheet is submitted by the Offeror, the Offeror shall ensure that the actual values in the spreadsheet cells are no more than two (2) decimal places even if values in the spreadsheet cells are formatted to display two (2) decimal places. (i.e., =ROUND(T2*1.05),2) for all option periods to calculate for escalation}

The Government requests the Vendor provide prices, warranties, conditions, benefits and terms that are at least equal to or more favorable than the prices, warranties, conditions, benefits and terms proposed by the Vendor to any customers for the same or a substantially similar quantity and type of service.

The current SLA which applies to this contract action is 3.0%. This SLA Fee shall be imbedded in the awarded contract/agreement price(s) and offers submitted in response to this solicitation shall include this SLA Fee in the price of every line item offered.

VOLUME V – OFFER, AMENDMENTS, AND CERTIFICATIONS/REPRESENTATIONS:

Certifications and Representations - An authorized official of the firm shall sign the offer sheet and all certifications requiring original signature. The offer sheet should be dated and submitted on letterhead stationery. An Acrobat PDF file shall be created to capture the signatures for submission.

At a minimum the offer sheet shall contain the following:

a. Solicitation Number;

b. Acknowledgement of Amendments, if any;

c. The name, address, and telephone number of the Offeror

d. Tax Identification Number (TIN)

e. Unique Entity Identity (UEI) Number / Cage Code

f. Point of Contact for submission of orders if awarded contract.

g. Authorized Distributor Letter certified by OEM with current date (within 30 days of the quote submission).

h. IAW FAR 4.203(b) Offerors or quoters are required to have an active Federal Government contracts registration in SAM when they submit an offer or quotation, and at the time of award, except for (1) Purchases under the micro-purchase threshold that uses a Governmentwide commercial purchase card as the method of purchase and payment.

i. Offeror shall submit representations and certifications IAW FAR 52.209-2, 52.209-5, 52.209-7 and 52.209-11 and 52.219-1 if not completed in SAM.

j. Offeror shall complete FAR 52.225-6 provision Trade Agreements Certificate.

k. Period for acceptance of offers. The Offeror agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes unless another time period is specified in an addendum to the solicitation.

l. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offerors that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

m. All certified HUBZone small business concerns are required to identify themselves and state whether they elect to waive the evaluation preference.

Any questions regarding this Request for Proposal (RFP) shall be addressed in writing to Contract Specialist at Michael.Andrews6@va.gov and Contracting Officer at Sara.Vickroy@va.gov no later than April 22, 2026, 9:00 AM ET. No calls will be accepted.

(End of Addendum to 52.212-1) D.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION OCT 2025)

The following provisions are incorporated into 52.212-2 as an addendum to this solicitation:

A. BASIS FOR REQUIREMENTS CONTRACT ESTABLISHMENT

The Government intends to award a single Requirements contract resulting from this solicitation to the offeror responsible whose quote conforms to the solicitation, and which represents the best value to the Government, with consideration given to the following evaluation Factors: Technical, Past Performance, Veterans Preference, and Price.

The Technical Factor is significantly more important than Past Performance, and Past Performance is more important than Veterans Preference. When combined, the non-price factors are significantly more important than price. To receive consideration for award, a rating of no less than” Acceptable" must be achieved for the Technical Factor. All of the minimum salient characteristics listed in the Combined Synopsis/Solicitation must be met to be eligible for award. Products failing to meet the salient characteristics and all the terms and conditions of the solicitation will be eliminated and receive no further consideration. Offers which do not include the completed salient characteristic chart will be rated “Unacceptable” and will be ineligible for award. Offerors are cautioned that the award may not necessarily be made to the Offeror proposing the lowest price, or to the Offeror with the most highly rated technical quote. The award may be made to other than the lowest priced quote, if the Government determines that a price premium is warranted due to the merits of one or more of the non-price factors.

B. FACTORS TO BE EVALUATED

1. Technical

2. Past Performance

3. Veterans Preference

4. Price

C. EVALUATION APPROACH

All quotes shall be subject to evaluation by a team of Government personnel. Contents of the written quotes will be evaluated to determine the degree and extent to which the quotes meet the requirements identified in the Solicitation. The written content of quotes will be evaluated in accordance with the evaluation approach defined in the solicitation. Quotes which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, will not be sufficient. Offerors who fail to meet the salient characteristics of the solicitation will be rated Unacceptable and thus, ineligible for award. The Government reserves the right to award without discussions based upon the initial evaluation of quotes. The scope of this procurement includes being able to provide the products to all VHA facilities located in the Continental United States (CONUS) or Outside of the Continental United states (OCONUS).

1. Technical Factor:

Descriptive literature will be used to thoroughly evaluate each quote to determine the extent to which it meets the salient characteristics listed in the Combined Synopsis/Solicitation Notice. Those meeting the salient characteristics will then be further evaluated using the subfactors below and an overall adjectival rating will be assigned based upon the strengths and weaknesses observed.

Technical proposals must demonstrate the offeror’s ability to meet all salient characteristics listed in the Combined Synopsis/Solicitation Notice Salient Characteristics chart. Offerors must include the completed Salient Characteristic chart located in the Combined Synopsis/Solicitation Notice indicating where compliance with the salient characteristics can be found in their literature. Proposals that fail to meet all salient characteristics or fail to return the completed chart will be rated unacceptable and ineligible for award.

a. In addition to meeting or exceeding the minimum salient characteristics listed in the Combined Synopsis/Solicitation, the evaluation process will consider the following technical subfactors and assign an adjectival rating:

Evaluation Sub-factors Quality/Construction features and functions of the offered device will be evaluated. Areas include but are not limited to the following:

Quality/Construction

· Terms and conditions of Warranty

· Terms and conditions of Warranty of steam generator

· Durability

Service Maintenance Options features and functions of the offered device will be evaluated. Areas include but are not limited to the following:

Service Maintenance Options

· Terms and conditions of Maintenance plans

· Service and response time

· Number of Certified vendors who can perform service and maintenance locally

Electrical and Plumbing Specifications features and functions of the offered device will be evaluated. Areas include but are not limited to the following:

Electrical and Plumbing Specifications

· Electrical Connections options

· Plumbing Connections options

Installation and Configuration features and functions of the offered device will be evaluated. Areas include but are not limited to the following:

Installation and Configuration Options

· Configuration Options

· Equipment Dimensions

· User Interface features and ease of use

· Availability and modes of Training

· Accessories (i.e. grid shelves, cleaning products)

Safety features and functions of the offered device will be evaluated. Areas include but are not limited to the following:

Safety Features

· Alarms or alerts

· Self-testing features

· Cooking Modes/Options

· Cleaning Modes/Ease of Cleaning

· Programmability/Pre-Programed Options

· Lighting Options

Offerors may propose an alternative contract line-item number (CLIN) structure IAW FAR 4.1003 and 4.1004. Offerors may also propose any product solution or configuration so long as they meet the salient characteristics. Products proposed in the technical volume must appear on and correspond with the Offeror’s pricing volume.

Offerors may propose any additional ancillary products which they deem to be essential to the functionality of the proposed solution; these ancillary items must be quantified in the Offeror’s pricing volume with an estimated quantity of zero (0). Those quotes which fail to meet the requirements of the solicitation, and all the salient characteristics will be rated “Unacceptable” and will be ineligible for award.

Only new equipment is acceptable; no remanufactured or "gray market" items. No product in development shall be considered. All items must be covered by the manufacturer's warranty.

Distributors must be authorized distributors/resellers as certified by the Original Equipment Manufacturer (OEM) (i.e., OEM letter dated within 12 months of the solicitation close date and duly signed by OEM’s authorized representative) to be eligible for award. The OEM letter must be valid for the life of the contract. Failure to include the OEM letter with the Offer will render the Offer non-compliant and will not be considered for award.

2. Past Performance Evaluation:

The Government will conduct a performance risk assessment based on the quality of Offeror’s past performance references. Past Performance will be evaluated to determine the extent to which the Offeror’s performance demonstrates the likelihood of successful performance in meeting the needs outlined in this solicitation.

The evaluation will only consider references which are recent (defined as Contracts/BPAs/Orders performed within the last three years) and relevant (defined as, when considered meet much of the size, scope and/or complexity compared to the product description of this requirement).

Past Performance will be evaluated and given an adjectival rating based on the Past Performance Questionnaires (PPQs) received, the information provided by the Offerors, and other Government sources which may include Contractor Performance Assessment Reporting System (CPARS), the Contracting Officer’s knowledge of and previous experience with the supply, or any other reasonable basis. The Government may use present and/or past performance data obtained from a variety of sources, not just those contracts identified by the contractor.

The Government may consider past performance information obtained through other sources which is reasonably available and determined to be relevant. Past performance information obtained will be used for both responsibility determination and best value decision.

The Past Performance Factor rating will be expressed as an adjectival assessment of High Risk, Moderate Risk, Low Risk or Neutral.

In the event that no relevant and recent Past Performance is identified for an offeror the Government will rate the offeror as neutral, and the Offeror may not be evaluated favorably or unfavorably.

No relevant or recent past performance, as indicated on Attachment F or based on the determination of relevance by the Government, will be considered neutral.

3. Veterans Preference:

In accordance with Veterans Affairs Acquisition Regulation (VAAR) 852.215-70 SDVOSB and VOSB Evaluation Factors, the Government will assign evaluation credit for an Offeror (prime contractor) which is a SDVOSB or a VOSB as indicated below. Non - SDVOSB/VOSB Offerors proposing to subcontract with SDVOSB/VOSBs may receive some consideration as indicated below. To receive credit, an SDVOSB/VOSB must be registered and verified by the SBA database (https://veterans.certify.sba.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and at time of award.

The following rating definitions will be utilized in the evaluation of the Veterans Involvement Factor:

a. Full Credit — The Offeror is properly registered and certified by the SBA database (https://veterans.certify.sba.gov/) as an SDVOSB and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and time of award.

b. Partial Credit — The Offeror is properly registered and certified by the SBA database (https://veterans.certify.sba.gov/) as an VOSB and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and time of award.

c. Some Consideration — The non-SDVOSB/VOSB Offeror is proposing to subcontract a minimum of 7% of the total contract value proposed with SDVOSB(s) and/or a minimum of 10% of the total contract value proposed with VOSB(s), has provided a name of the SDVOSB(s) and/or VOSB(s), a brief description of the work they are to perform and the approximate dollar values of the proposed subcontracts. Proposed SDVOSB/VOSB subcontractors are registered and certified by the SBA database (https://veterans.certify.sba.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both proposal submission and time of award.

d. No Credit — The Offeror does not qualify for any credit as described above.

Also note that the Government requires the offeror to honor the evaluation factor commitment to the SDVOSB/VOSB concern throughout the life of the contract or to substitute one or more SDVOSB/VOSB businesses for subcontract work of the same or similar value (percentage).

4. Price Evaluation:

The total price will be evaluated IAW FAR 15.404-1(b). The Government will evaluate price to determine whether or not it is considered fair and reasonable. In order to maximize the VA’s buying power and leverage the best value for the taxpayer, the VA is seeking volume discounts. It is expected that as the output and scale of an operation increases, that the unit cost per item should decrease as fixed costs are spread over more units of output. The VA expects that a portion of these reduced costs will be passed-on and reflected in lower unit pricing.

Attachment A, Price Cost Schedule will be reviewed and all proposed total unit prices for each CLIN (inclusive of option periods) will be added for a total cost for evaluation purposes. Each CLIN will be evaluated using the estimated quantities provided for in Attachment A Price Cost Schedule. The Total Proposed Cost will be the aggregate sum of all CLINs for the entire period of performance. The SLA fee of 3% shall be included in the total proposed unit price.

Example:

CLIN 0001: $61.80 x 2 = $123.60 CLIN 0002: $46.25 x 4 = $185.00 Total Evaluated Cost = $308.60

The proposed firm fixed unit prices will be binding and incorporated in the resultant contract and utilized for all future orders placed during the term of the contract. The estimated quantities listed in ATTACHMENT A, Price Cost Schedule, are listed for informational and evaluation purposes only and do not obligate the Government to purchase such quantity nor does the Government guarantee any volume of purchases through this contract. Based on the anticipated volume of orders to be issued under this contract, Offerors are strongly encouraged to provide additional discounts and price reductions from their list prices.

Unbalanced Pricing - The Government may evaluate whether the Offeror has submitted unbalanced pricing. An unbalanced price is one where the price of one or more contract line items is significantly overstated or understated and which will result in the Government paying an unreasonably high price for contract performance or otherwise present an unacceptable level of risk to the Government. If the Contracting Officer determines that the risk is unacceptable, then the offer can be rejected.

In addition, if an offer is received from a Small Business Administration (SBA) certified HUBZone small business concern, offers/offers will be evaluated IAW FAR 52.219-4 by adding a factor of 10 percent to the price of all offers/offers, except—

(i) Offers/offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise, successful offers/offers from small business concerns.

D. SUBCONTRACTING PLAN REQUIREMENTS

The Contracting Officer may require the submission of a subcontracting plan at any time prior to award from only the apparently successful offeror. If the apparently successful Offeror fails to negotiate a subcontracting plan acceptable to the Contracting Officer within the time limit prescribed by the Contracting Officer, the Offeror will be ineligible for award.

Only the apparently successful Offerors subcontracting plan will be evaluated. The subcontracting plan will be evaluated as follows:

Acceptable Subcontracting Plan is submitted and is in accordance with FAR 52.219-9 that addresses all elements of FAR Part 19.206.

Unacceptable Subcontracting Plan is not submitted and/or is not in accordance with FAR 52.219-9 and does not address all elements of FAR Part 19.206.

(End of Addendum to 52.212-2)

D.7 52.216-1 TYPE OF CONTRACT (DEVIATION NOV 2025)

The Government contemplates award of a Firm Fixed Price Requirements contract resulting from this solicitation.

(End of Provision)

D.8 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION NOV 2025)

(a) Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern means a small business concern that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is ________ [insert NAICS code].

(2) The small business size standard is _______ [insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that—

(i) it □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small disadvantage business concern.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern]. The offeror represents as part of its offer that it □ is, □ is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.

(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—

(1) Punished by imposition of fine, imprisonment, or both;

(2) Subject to administrative remedies, including suspension and debarment; and

(3) Ineligible for participation in programs conducted under the authority of the Act.

(End of Provision)

D.9 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of Provision) D.10 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS – NOTICE AND REPRESENTATION (JUN 2020)

(a) Definitions. As used in this provision— Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR…